Statue of Limitation
Date: Sat, 01/24/2009 - 10:02
I live in Michigan and have an attorney that has received a judgment against me on a medical bill from July 2002 the judgment was entered on october of 2008 the last payment made on the account was on september of 2002. Is there anything I can do because he has now filed a garnishment with my work. I have objected to this under the impresion that this fell under the statue of limitaions in Michigan. A timley response would be great I have a court date on Febuary 2nd 2009
i am not sure what the laws are in michigan, but were i live it
i am not sure what the laws are in michigan, but were i live it is 4 years. when you mean judgement do you mean the attorney has taken over this account scince you havent been to court yet? or have you? what was exactly said during a phone conversation or mail corespondance? If you agreed that you owe this debt the limitations gets thrown out and the process starts over again and they can take you to court so i hope you havent admitted to anything. This is why i always suggest mail never phone. I know someone else would give you a better answer, but my suggestion is that if you have not said anything to the attorney that you agree this is your debt, Tell the judge that you are usure of this debt if you owe it or not or even if it is a validated debt of yours. You never saw any proof and didnt think much of it scince you are aware that it is a old debt past the statute of limitations and you did not believe that it could be taken to court after this date. also they cannot attach your wages without a court judgement atleast not were i live. Im not sure about michigan
The thing is he took me to court and we had a mediation process
The thing is he took me to court and we had a mediation process I asked about the staue of limitation and was told it was within the statue but again this was over six years ago so yes I admited it was my debt in October 2008. Is there anything I can do since I was lied to. If I would have known about the admiting part I would have went in front of the judge.
im not sure maybe someone else here could give you a better answ
im not sure maybe someone else here could give you a better answer, unfortunatly all i know to tell you is that scince you did admit guilt that statue starts over scince you admitted it last fall it will be again 4 years (or whatever your state law is)till it is over again I think you may be out of luck be sure of what your statue is, and you may express this when you go to court, but im afraid its too late
SOL in MI is 6 years. Sounds like you were sued, did not respon
SOL in MI is 6 years. Sounds like you were sued, did not respond and a default judgement was entered. SOL is only an Affirmative Defense if you respond to the summons and raise the defense in court. If you didn't show up, then there's not much you can do about it.
Quote:im not sure maybe someone else here could give you a bette
Quote:
im not sure maybe someone else here could give you a better answer, unfortunatly all i know to tell you is that scince you did admit guilt that statue starts over scince you admitted it last fall it will be again 4 years (or whatever your state law is)till it is over again I think you may be out of luck be sure of what your statue is, and you may express this when you go to court, but im afraid its too late |
Wrong...the only way to reset SOL in MI would be by a written acknowledgement of the debt and a written promise to pay. Maybe you should do a bit more studying before giving advice.
I had a trailer house repo in 2004. never heard from no one abou
I had a trailer house repo in 2004. never heard from no one about it. Then all of a sudden I get a call from a collection company out of califorina and I live in texas. They said I could pay $5,000 in the next three days and they would not take me to court.they sent me the paper work on friday and said if not paid by monday they would be going after the total amount.